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FILE#LA19-000024 <br /> 15 April 2019 <br /> Page 4 of 5 <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty. The applicant has demonstrated <br /> practical difficulties which support granting the lake setback and hardcover variances <br /> to permit the reconstruction of the lakeside patio and landings within 75 feet of the <br /> OHWL.This statement is true. <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br /> Any conditions imposed must be directly related to and must bear a rough proportionality to the <br /> impact created by the variance. No variance shall be granted or changed beyond the use <br /> permitted in this chapter in the district where such land is located. <br /> Practical Difficulties Statement <br /> Applicant has provided supporting documentation regarding the applicable Practical Difficulties <br /> attached as Exhibit B, and should be asked for additional testimony regarding the application. <br /> Practical Difficulties Analysis <br /> The intent of the applicable ordinance is to not have hardcover within the 75 lake yard. Existing <br /> hardcover is permitted to be replaced, in-kind. The proposed reconfiguration and removal of <br /> some existing hardcover seems to support this intent. The variance process is to preserve the use <br /> of the property where practical difficulties exist. The protected use of the property is a residential <br /> dwelling, not accessory patios. The addition of patio areas to the lake yard seems to be a <br /> convenience not supported by practical difficulties. A better solution, if the Planning Commission <br /> and Council support the reconfiguration, would be to initiate an ordinance amendment that <br /> allows for the reconfiguration of hardcover within the lake yard. <br /> Engineer Comments <br /> The City's engineer has reviewed the plans and found no issues of concern. <br /> Public Comments <br /> To date, no public comments have been received. <br /> Issues for Consideration <br /> 1. Does the Planning Commission find that that the property owner proposes to use the <br /> property in a reasonable manner which is not permitted by an official control? <br /> 2. Does the Planning Commission find that the variance(s), if granted, will not alter the <br /> essential character of the neighborhood? <br /> 3. Does the Commission find it necessary to impose conditions in order to mitigate the <br /> impacts created by the granting of the requested variance(s)? <br /> 4. Are there any other issues or concerns with this application? <br /> Planning Staff Recommendation <br /> Planning Staff recommends the planning commission evaluate the practical difficulties and make <br /> a recommendation regarding the request. <br /> List of Exhibits <br /> Exhibit A. Application <br /> Exhibit B. Practical Difficulties Documentation <br /> Exhibit C. 2002 Survey <br /> Exhibit D. 2019 Survey—Corrected Lot Area <br />